Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Goodson v. Cable

United States District Court, W.D. North Carolina, Asheville Division

April 23, 2018

DEREK SHANE GOODSON, Plaintiff,
v.
EDWARD CABLE, et al., Defendants.

          ORDER

          Frank D. Whitney Chief United States District Judge.

         THIS MATTER is before the Court on initial review of Plaintiff's Complaint, filed pursuant to 42 U.S.C. § 1983. See 28 U.S.C. § 1915(e). (Doc. No. 1). Plaintiff is proceeding in forma pauperis. (Doc. No. 10).

         I. BACKGROUND

         Pro se Plaintiff Derek Shane Goodson is a North Carolina prisoner currently incarcerated at Central Prison in Raleigh, North Carolina.[1] Plaintiff filed this action on June 2, 2017, pursuant to 42 U.S.C. § 1983, naming the following individuals as Defendants: (1) Edward Cable, identified as a captain at the Graham County Detention Center at all relevant times; (2) “AJ LNU, ” identified as a corporal at the Graham County Detention Center at all relevant times; (3) Nathan Lewis, identified as a correctional officer at the Graham County Detention Center at all relevant times; and (4) Angie Birchfield, identified as a lieutenant at the Graham County Detention Center at all relevant times. Plaintiff alleges the following in the Complaint:

Upon my getting arrested in August of 2015 Lt. Angie Birchfield advised the inmates in the jail of my charges. Once offered to pay them to hurt me severely bad. Then when I asked for a grievance I was called into the Captain's Edward Cable office and told he would send me to the Central Prison in Raleigh NC and with my charges I would be killed.
And on several occasions when I have to use a catheter to go to restroom officer Nathan Lewis advised me that Captain Cable wanted me to know if they had to take me to doctor he said remember what he said would happen. On March 17, 2017, Captain Edward Cable called me in his office and had done so several months earlier, telling me drop him from the previous lawsuit, even stated if I did he would see that the courts gave me a good plea deal if I didn't he would make sure I got the max.
Back to March 17, 2017, at 13:35 pm Captain called me in his office told me to sit down and asked me if I was a fag and I told him I was bi-sexual. He called me a sick fucker told me I should be killed got in my face and threatened to throat punch me. It scared me so bad I urinated on myself. He laughed at me and said, “You probably would like to suck nothing other than dicks.” He said he was going to make sure that the district attorney gave me the max time for my charges. And then he said he was going to move me to another jail in Transylvania County Detention Center 3 hours away so my lawyer couldn't come see me and it would make it hard for me to fight or have to any help with my lawyer.
And then upon me arriving here at this jail they put me on 23-hour lockdown and even the Nurse Bruce called the Captain and told him that I was having a lot of blood in my urine as well as having to use a catheter to go to the bathroom and nurse advise[d] Captain Cable that the PA wanted me to see a urologist and Captain Cable advise[d] him to remind me that he would send me to Central Prison and remember what he said would happen to me.
This is cruel and unusual punishment and is a deliberate indifference and among a bunch of other violations.

See (Doc. No. 1 at 3-5). Plaintiff seeks damages and injunctive relief for the “mental anguish” suffered by Plaintiff. (Id. at 4).

         II. STANDARD OF REVIEW

         Because Plaintiff is proceeding in forma pauperis, the Court must review the Complaint to determine whether it is subject to dismissal on the grounds that it is “frivolous or malicious [or] fails to state a claim on which relief may be granted.” 28 U.S.C. § 1915(e)(2). In its frivolity review, this Court must determine whether the Complaint raises an indisputably meritless legal theory or is founded upon clearly baseless factual contentions, such as fantastic or delusional scenarios. Neitzke v. Williams, 490 U.S. 319, 327-28 (1989).

         III. DISCUSSION

         The Court will dismiss this action. In its current form, the Complaint does not state a cognizable claim of a violation of any federal or constitutional right. At most, Plaintiff alleges that, at various times, Defendants made certain threats against him, causing him mental anguish. These allegations, without more, simply do not rise to the level of a violation of a constitutional right under Section 1983. The Court certainly does not condone and, indeed, strongly condemns the alleged threats made by Defendants against Plaintiff. However, “[m]ere threats or verbal abuse by prison officials, without more, do not state a cognizable claim under § 1983.” Henslee v. Lewis, 153 Fed.Appx. 178, 180 (4th Cir. 2005) (citing Collins v. Cundy, 603 F.2d 825, 827 (10th Cir. 1979)). Furthermore, the Complaint, again in its current form, does not allege sufficient facts to support a claim for deliberate indifference to serious medical needs against any of the Defendants. At most, Plaintiff alleges that a nurse told Defendant Cable ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.